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PEOPLE v. RUMPH

199 A.D.2d 434 (1993)

605 N.Y.S.2d 338

The People of the State of New York, Appellant, v. John Rumph, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 20, 1993

Ordered that the order is affirmed insofar as appealed from.

The hearing court rejected the testimony of the police witnesses called by the People at the suppression hearing, finding that their account of the events was contrived to withstand constitutional objection. Since the testimony of the witnesses was found to be unworthy of belief, the People failed to meet the burden of establishing the legality of the police action...

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